Slip and Fall / Premises Liability: Injured

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Slip and Fall and Premises Liability

Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.

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How to Prove Landlord Negligence

When an injury occurs, or a financial loss occurs, as a result of a landlord’s negligence, an individual will likely need to be able to prove their case in order to recover. Rarely are injuries or losses so clearly the result of an action or failure to act that the injury or loss itself is evidence enough.

Negligence occurs when one person acts carelessly, or without regard for the consequences of their actions, or if that person fails to act when they should have done something, and their action, or failure to act, causes another person to be injured or suffer a financial loss. The most common negligence cases involve car accidents, as these tend to occur due to one driver’s inattention. However, frequently, when a person is injured on the property of another, the property owner (or controller) can potentially be found negligent under the legal theory of premises liability.

People slip and fall every single day. And while most falls don’t result in anything more than a bruised ego, all too often a serious injury results. Injuries can be especially serious when a person slips and falls down a flight of stairs.

Thanks to gravity, a fall in a stairway can cause a person to tumble some distance. Unfortunately for property owners, stairs can be the source of serious, and costly, premises liability claims due to the fact that the injuries tend to be rather severe.

Depending on how a child is injured, a parent may want to explore the legal remedies their child has for their injury. While children are generally resilient and can bounce back from most injuries, there may be times when that is not the case. Regardless, a child, like an adult, has the right to live life free of being injured due to the negligence of others, and when they are injured as a result of negligence, they possess a legal claim for damages.

If your child was injured at school, daycare, or kindergarten, your child may have a legal claim depending on how the injury occurred.

In life, like in business, sometimes the most rewarding things, involve the most risk. Unfortunately for thrill seekers, there are some pretty serious consequences. In 2015, a 39-year-old Minnesota man was at an AirMaxx trampoline park with his son and wound up paralyzed from the neck down due to jump and fall. The facility had a foam pit that the man jumped into; but he landed on his neck, severing his spinal cord.

Despite having signed a waiver of liability prior to starting to jump around, the man’s attorneys alleged gross negligence, which generally cannot be waived. The trampoline park and plaintiff recently settled the man’s injury case for $3 million during mediation.

A passenger aboard one of Princess Cruises’ ships is suing over a disgusting injury that occurred in the ship’s public bathroom. The lawsuit, which is, at its heart, the result of a slip and fall, claims the cruise company is responsible for the injuries the plaintiff suffered.

The passenger, who was on a vacation with her husband, went to use the public restroom while the ship was docked for repairs to its sewage system. When she reached the bathroom, she discovered that the toilet was overflowing with sewage. Before she could leave, she slipped and fell on the sewage, struck her face on the door, and was knocked unconscious on the disgusting bathroom floor.

Considering our holiday shopping lists, this might be the busiest time of year for parking lots. And considering the weather, the amount of traffic, and the opportunism of criminals, this might also be when parking lots are at their most dangerous.

Here's a look at the legal liability for parking lots and stores for slip-and-fall injuries, car accidents, and criminal activity:

A Washington, DC attorney has filed a $50 million lawsuit against the Washington Metro system. The lawsuit stems from the injury the attorney suffered as a result of a pipe falling from the ceiling and hitting him in the head last year. The attorney then stumbled onto the escalator from the below ground platform, and was escalated above ground, where he received help.

Unfortunately for the WMTA, the attorney is employed at a large law firm which has taken on the job of representing their employee. While the $50 million in claimed damages may seem high, for a Harvard Law grad that had a starting salary of $200,000, who is no longer able to work, and may require a lifetime of medical treatment/care, it could actually be low.

Schools are entrusted with more than just the education of their students, they are entrusted with the safety of the children they seek to educate. When a student is injured due to a school’s failure to keep the student safe, the student will likely have an injury claim that can be brought against the school.

School injuries can occur for many different reasons. Most injuries tend to be the result of school sponsored sports. However, fights, accidents, and even assaults on school property can result in injuries that a school can be held liable for. Like any other public or private establishment or business, a school has a duty to keep their premises safe. Students that suffer injuries on school property as a result of poor maintenance, or a dangerous condition, like a wet floor, will likely have a premises liability claim.

Property owners often ask: Am I liable if a child is injured on my property? And, like nearly every question concerning legal liability, the answer is always: it depends. Just because an injury occurred on your property, it doesn’t automatically mean you are liable. However, for property owners, and even renters, if any person is injured on their property due to their negligence, then there is potential for legal liability.

When it comes to children, there is additional exposure to liability if your property contains what is known as an attractive nuisance, or you have agreed to supervise a play date or babysit.

Injury cases are often highly controversial. For example, people often disagree strongly about whether legal remedies are required to compensate for an injury, or whether the person received a fair or excessive amount.

In this context, there are numerous myths surrounding personal injury lawsuits. Here are the top three: